Court Bundles

[Kyle]

The drama continues.

I sent a draft index to the respondent and the court today.

Apparently they disagree with it and have questions. However, it’s a list of documents.

Do I have to disclose the summary of case and chronology ahead of submitting to them and the court? Or can they see it for the first time when I submit to both?

The respondent disagrees with it?

Why? What are the questions? Of course I would expect the other party to make it difficult!

Do you and the respondent have to agree on the exact contents and wording? Has that been ordered?

I don't see the benefit in sharing elements of the bundle. Prepare it how you see fit, in its entirety, before submitting it as part of your proceedings.

 

[MichaelFlatpoint]

I’ve asked them for a summary of diagreed points and why. I said I’ll submit them as other documents. But frankly I’ve had enough of the games.

Order states nothing more than for me to produce them or them if they had solicitors on the record. Which I’ve never had confirmed, so continued to do it myself.

It’s becoming a joke.

 

[MichaelFlatpoint]

I’ve asked them for a summary of diagreed points and why. I said I’ll submit them as other documents. But frankly I’ve had enough of the games.

Order states nothing more than for me to produce them or them if they had solicitors on the record. Which I’ve never had confirmed, so continued to do it myself.

It’s becoming a joke.

Order states nothing more than for me to produce the bundle* or them if they had solicitors on the record. Which I’ve never had confirmed, so continued to produce it myself*

 

[Kyle]

Order states nothing more than for me to produce the bundle* or them if they had solicitors on the record. Which I’ve never had confirmed, so continued to produce it myself*

You don't need the respondents approval for any of the contents. Despite the considerable admin involved, I think you benefit from being tasked as the producer. Make it super professional, consice and entirely child focused. The court may laud you for that and it shows you as being the lucid party.

 

[MichaelFlatpoint]

I submitted the bundle in person and have been bombarded by emails from the respondent stating I haven’t followed process. They’re excited about the prelim documents not being agreed, but I’ve submitted them anyway.

Someone please comfort me and tell me that I can ignore this barrage!

Maybe if they’d been as interested last week as they are today it could have been agreed.

 

[Kyle]

PRACTICE DIRECTION 27A – FAMILY PROCEEDINGS: COURT BUNDLES​

Responsibility for the preparation of the bundle https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_27a#para3.1​

​

3.1​

A bundle for the use of the court at the hearing shall be provided by the party in the position of applicant at the hearing (or, if there are cross-applications, by the party whose application was first in time) or, if that person is a litigant in person, by the first listed respondent who is not a litigant in person. Where all the parties are litigants in person none of them shall, unless the court otherwise directs, be obliged to provide a bundle, but any bundle which they choose to lodge must be prepared and lodged so as to comply with this practice direction.

3.2​

The party preparing the bundle shall paginate it using Arabic numbering throughout. If possible the contents of the bundle shall be agreed by all parties.

Maybe if they’d been as interested last week as they are today it could have been agreed.

Bingo!

 

[MichaelFlatpoint]

it’s infuriating really. It takes such a huge effort to produce these bundles and for someone to take no interest in its contents until the day it’s due to be filed is frustrating. I asked for any documents or information nearly a week ago and heard nothing.

I’ve told them anything they think is missing should be added as a supplement.

I feel like it’s been all consuming this week and need to take a step back and reflect that as much as the bundle is important, the reason I’m there is far more important and I need to focus on that more than a folder full of documents and their format.

Thanks again for your help!

 

[Kyle]

Being obstructive during the process of compiling information to support the case, doesn't do the obstructor any favours. It just means they're not being heard, which is more power to you.

I spent a lot of effort on my bundle, long hours into the night over many, many weeks. I'm not sure how much of it was read, if at all really.

Don't over-do (or over-think it). And remove yourself from the process regularly to get some relaxation and positivity, where possible.

 

[MichaelFlatpoint]

Thanks everyone so far. Had a pretty chilled out weekend to try and relax a little bit before this week.

Last question I hope.

I’m putting together a position statement for this hearing. Am I right in that I can create a position statement that doesn’t include background etc. due to submitting a witness statement and the previous position statement in the bundle?

Also I’d like to submit this in person on the day, is this still allowed with the bundle rules? I guess it is.

I was planning to submit a concise PS which covers from the witness statement to now rather than the whole lot.

Thanks!

 

[Ash]

Yes you can submit it on the day but it would be better to email it to the court a few days before the hearing and just give a copy to the other side on the day - ie as late as possible. Usual thing is to take 3 copies with you. One to give to the other side, one to keep and one to hand to the clerk to give to the Judge - just in case the Judge didn’t get to see it when it was emailed.

 

[MichaelFlatpoint]

Thanks Ash!

I’ll submit tomorrow and bring a few paper copies on the day.

 

[MichaelFlatpoint]

I feel like I’m forever doubting myself.

Just to confirm - this position statement is just a summary of what has happened between the last hearing and now. There’s no need to include the background etc which is included on the previous PS and WS?

Thanks!

 

[Ash]

Not the need for that no. A position statement updates "the position" since the last one or the last hearing, but it is also an opportunity to say anything else you want to say or ask for. It's quite an informal thing - some barristers just call it a "note". But still double line spacing and numbered paragraphs. No need for all the headings, you can just put Postion Statement at the top and his name (Father) and Case number. I tend to think of it as speaking directly to the Judge - it's an opportunity for it to speak for you.

 

[DadLad]

I have received a bundle for me to agree to before it's filed. They have purposely left documents out and I have said that I object the bundle until these are included as stated in the court order.

My question is, can they submit a bundle to the court which includes additional documents without me knowing?

There are documents within the bundle from a previous hearing which Ive never had sight of before which has clearly been sent to the court without my knowledge to try and undermine the case.

 

[Resolute]

I have received a bundle for me to agree to before it's filed. They have purposely left documents out and I have said that I object the bundle until these are included as stated in the court order.

My question is, can they submit a bundle to the court which includes additional documents without me knowing?

There are documents within the bundle from a previous hearing which Ive never had sight of before which has clearly been sent to the court without my knowledge to try and undermine the case.

They can send anything wherever they want to send it. So can you. You can admonish them in court for being obstructive, they will do the same to you. The most I have seen a judge do in response is set a schedule in their order or tell both parties they should copy eachother on this stuff.

If they do not include important documents, you can redo the bundle with the docs included. Redo the table of contents, keep their page numbers and continue with whatever numbering format they use. You can file your version with the court and serve it on them.

Make sure all present have your version at their disposal as part of the housekeeping section at the very beginning of the hearing.

I am not telling you what the 'right' process is. Just what worked for me.

 

[MichaelFlatpoint]

Thanks guys. We’re off to a final hearing with only a position statement ordered. I’ll be glad to see the back of this process.

 

[DadLad]

They can send anything wherever they want to send it. So can you. You can admonish them in court for being obstructive, they will do the same to you. The most I have seen a judge do in response is set a schedule in their order or tell both parties they should copy eachother on this stuff.

If they do not include important documents, you can redo the bundle with the docs included. Redo the table of contents, keep their page numbers and continue with whatever numbering format they use. You can file your version with the court and serve it on them.

Make sure all present have your version at their disposal as part of the housekeeping section at the very beginning of the hearing.

I am not telling you what the 'right' process is. Just what worked for me.

They are disputing to add an important document even though it has been included in previous court documents.

I'm going to re-email it into court.

This bundle is nearly 900 pages. I can't print that amount. Can I refer to it on my phone or laptop in the hearing?

 

[Resolute]

Yes, you can use an electronic device in the hearing.

It might be wise to bring anything you've added in triplicate.

 

[MagicJ]

@Resolute , any ideas if bringing extra evidence, does each submission require a statement of truth or is it fine to submit several pieces and use one statement to cover them all?

 

[Resolute]

I can only speak from my experience. I used evidence as exhibits to my statements. Position and witness. All exhibits were referred to in the statement, RS01 - RS12, initials followed by exhibit number. I took the statement of truth as covering what I said about the evidence, rather than the evidence itself.

In some hearings I submitted additional exhibits, or showed documents in the hearing. I did not do a statement of truth for them.

If there is time, and you feel it is necessary, you can get a solicitor to verify a doc:

‘Certified to be a true copy of the original seen by me’.

Certifying a document

Certify a document as a true copy of the original by getting it signed and dated by a professional person, like a solicitor

www.gov.uk

Tbh, the days before my hearings have been a frantic mess. Emails flying around, bluffs and counter-bluffs, last ditch attempts to make sure the court can see I'm the one behaving honourably. Ultimately, judges have not been interested in the gamesmanship.

If you have to submit something late, have three copies to give to your barrister on the day. They will know how to handle in court.

P.s. I've never had a solicitor and only once had a barrister. I've never had primary responsibility for preparing a bundle. Other members may well know better than me.